Menu
Home>Levelset Community>Legal Help>How do I get a lien REMOVED from my home (contractor walked off job + refused to pay supplier)???

How do I get a lien REMOVED from my home (contractor walked off job + refused to pay supplier)???

Rhode IslandLien DeadlinesLien Foreclosure

A lien was placed on my home when a contractor failed to pay the supplier - Humphrey's Lumber - the $40,000 owed for materials purchased to do a renovation on my home. The contractor WAS paid - by me - over $160,000 at the point at which the lien was issued. Clearly, he COULD HAVE / SHOULD HAVE paid Humphrey's - but refused. I was not aware they had not been paid (about 9 months in to the project). The contractor walked off the job. It has now been nearly seven years - and although we have tried to work with Humphreys (everyone knows who the "bad guy" is here.... as this contractor refused to pay Humphrey's in the past, resulting in an additional lien being placed on his mother's home....) Humphrey's Lumber is NOT (so far) willing to release the lien. The contractor is bankrupt. What is my next best course of action? I am willing to hire a lawyer. The contractor also stole materials from my job to build another house in Tiverton. Sub contractors were well aware of this action. Thank you for any advice on where to go from here... and a recommedation for a very experienced, tough lawyer to assist.

2 replies

Jul 16, 2020
Rhode Island mechanics liens have a shelf life of far less than 7 years. Generally, a Rhode Island mechanics lien must be enforced within 40 days after filing the lien. If a mechanics lien has been filed, but not timely enforced (by filing a lawsuit), then the lien claim is expired - and that means it's more or less harmless and benign. Though, it might raise an eyebrow if you try to sell or take a loan against the property. If you absolutely must have the lien removed from the property title, it should be relatively easy to hire an attorney and have them petition the court for a release of the lien claim due to expiration. Additionally, bonding off the lien should be an option too. Before deciding how to proceed, it'd be wise to consult a local Rhode Island construction lawyer. They'll be able to review the relevant project documentation then advise on how best to move forward. This might be a good place to begin your search: Find a Rhode Island Construction Lawyer. This article may be useful, too: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
1 person found this helpful
Helpful
Jul 16, 2020
This answer is helpful but there was a lawsuit filed naming me along with the contractor(who lost everything).
0
Report Spam